On 30 July 2025, the Budapest Convention and Related Matters Legislation Amendment Act 2025 received Royal Assent, with most of the amendments coming into force on 1 October 2025. The amendments align New Zealand law with the Council of Europe Convention on Cybercrime (commonly referred to as the Budapest Convention) and paved the way for New Zealand acceding to the Convention on 1 December 2025. Eighty-one countries are currently parties to the Budapest Convention, with 12 additional countries invited to accede.
“11 per cent of New Zealanders were victims of fraud and cybercrime in 2024, and the National Cyber Security Centre estimates $1.6 billion was lost to online threats.” Beehive (Ministerial) release: New Zealand joins fight against cybercrime (24 July 2025)
The Budapest Convention — the only binding international treaty on cybercrime — improves co-operation on cross-border investigations and prosecutions by providing a consistent framework for defining computer crimes, facilitating and enhancing lawful access to evidence and outlining expectations about how relevant international agencies assist each other. The Convention requires provisions to uphold and promote human rights, particularly the right to be free from unreasonable search and seizure.
Acceding to the Convention strengthens New Zealand law enforcement agencies’ abilities to tackle cybercrime through greater access to digital evidence domestically and overseas, fostering international co-operation. Joining the Convention was also a recommendation of the Royal Commission of Inquiry into the terrorist attack on Christchurch masjidain on 15 March 2019.
The main legislative changes are amendments to the Search and Surveillance Act 2012 and Mutual Assistance in Criminal Matters Act 1992, with minor changes to the Telecommunications (Interception Capability and Security) Act 2013 and Crimes Act 1961.
Search and Surveillance Act 2012
The primary change is the expansion of law enforcement powers by empowering a constable to apply to the Commissioner of Police for a “preservation direction” to an individual and organisation. Such a direction allows police (and foreign partners who apply for a direction) to require providers to preserve specified documents or data that may be evidential material relating to a suspected offence, serving as an interim measure before a production order is sought or, in the case of a foreign enforcement authority, a mutual assistance request is received. Applications require reasonable grounds to suspect an offence has occurred or will occur, and that relevant documents may be lost, modified or deleted before a production order can be obtained or a mutual assistance request determined. A direction compels recipients to maintain document integrity, disclose their location, and produce “pathway information” (traffic data identifying the path of a telecommunication) to assist investigations.
Preservation orders are time-limited, generally lasting up to 20 days in the case of a domestic application and 150 days in the case of a foreign application. Failure to comply is a criminal offence, carrying penalties of up to one year’s imprisonment for individuals, and fines of up to NZ$40,000 for organisations. There are new offences for non-compliance and rules that prohibit revealing that a preservation direction was issued.
Mutual Assistance in Criminal Matters Act 1992
Amendments make it easier for New Zealand to seek and provide assistance in cross-border cybercrime matters, with new measures ensuring human rights are upheld. New Zealand can supply assistance, and receive requests, for a wider range of investigative powers, including production orders and surveillance device warrants supporting overseas investigations.
Telecommunications (Interception Capability and Security) Act 2013
Terminology and definitions have been updated to align with the Convention’s language and powers.
Crimes Act 1961
Amendments ensure New Zealand criminal law fully aligns with the Convention’s requirements relating to computer-related offending. Two new offences have been established:
- It is now an offence to design, write or adapt software with intent that it be used to commit cybercrimes such as unauthorised access, interference or data theft, carrying a penalty of up to two years’ imprisonment.
- Dealing in or possessing software or information intended to facilitate unauthorised access to computer systems, whether by promoting, supplying or intending its criminal use, is also criminalised with the same maximum penalty.
Adams — Rights and Powers updates supporting the reforms
The Adams — Rights and Powers authors have prepared new commentary for the key changes and provisions in the Search and Surveillance Act 2012:
- New definitions under s 3.
- New Part 3, subpart 2A (ss 79A–79Y) (Preservation directions).
- New Part 3A (ss 88A–88ZE) (Preservation directions relating to foreign investigations or proceedings).
- New ss 64A (Record of information obtained, made, or generated by assistant) and 75A (Production orders against network operators relating to traffic data, etc).
- Replaced s 70 (Meaning of document).
See the Adams What’s New on Westlaw New Zealand for the full list of new and updated commentary.
One of the authors, Warren Young, says of the reforms:
“Cybercrime is a major and growing issue that is becoming more sophisticated and more complex, and it has been clear for many years that it is not being addressed effectively with traditional enforcement tools. This legislation goes some way towards addressing that deficit. In particular, the reciprocal obligations on signatories to the Convention to provide for foreign preservation orders will assist in the detection and prosecution of offending that transcends jurisdictional boundaries.”
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Thanks to Rebecca Atkins, Senior Legal Editor, and the Expert author team:
Adams — Rights and Powers
Warren Young – Policy and Law Reform Consultant, Former New Zealand Law Commissioner, Wellington
Neville Trendle – Barrister, Former Assistant Commissioner of Police, Wellington
Other articles of interest include: The High Court Rules Reform, Update on Online Casino Gambling, Current Criminal insights and Community Law Centre partnership.
